Translation of "Peine prévue pour insoumission " (French → English) :

The Council of Europe Conventions of 30 November 1964 and 21 March 1983 and the Convention between the Member States of the European Communities of 13 November 1991 give the State of enforcement a choice [141] between adapting the penalty to be recognised into the penalty provided for by its own legislation for comparable offences (Conventions of 1964, 1983 and 1991) and the possibility of substituting for the penalty ordered in the State of judgment a penalty provided for by its own legislation for the same offence (Conventions of 1964 and 1970) or converting the penalty ordered in the State of judgment into a penalty provided for by it ...[+++]s own legislation for the same offence (Conventions of 1983 and 1991).

Where the transfer of enforcement of a custodial penalty is accepted, the competent authorities in the administering State must either enforce the penalty imposed in the sentencing State - immediately or through an order - or through a judicial or administrative procedure convert the sentence into a decision of the administering State, thereby substituting the penalty imposed in the sentencing State by a penalty laid down by the law of the administering State for the same offence (Article 8).

But the first limit on the court's freedom at the sentencing stage flows from the basic principle that penalties must be provided for by law, so that where it holds that an offence has been committed it must pass a sentence provided for by the law for that offence.

on penalties, a system simpler than that called for by the Commission, while still giving a strong political signal, with a maximum prison sentence of at least 20 years for directing a terrorist group and 8 years for other offences in connection with a terrorist group, and with other terrorist offences incurring heavier sentences than for ordinary offences under a Member State's national law;

The bill sets out offences and penalties for breaches of specific provisions of the bill, namely: clause 6 (penalties in clauses 54 and 55); clauses 7(1) and 18(7) (penalties in clause 56); and clause 8 (penalties in clause 57); as well as for the intentional release of a human pathogen or toxin in contravention of the bill (penalty in clause 58) and for breaches of any other provision of the bill (penalties in clause 53).

The bill sets out offences and penalties for breaches of specific provisions of the bill, namely: clause 6 (penalties in clauses 54 and 55); clauses 7(1) and 18(7) (penalties in clause 56); and clause 8 (penalties in clause 57); as well as for the intentional release of a human pathogen or toxin in contravention of the bill (penalty in clause 58) and for breaches of any other provision of the bill (penalties in clause 53).